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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the sale of liquefied petroleum 2
gas; amending s. 527.01, F.S.; providing definitions; 3
amending s. 527.02, F.S.; requiring certain remote 4
bulk storage locations to comply with specified 5
requirements; providing requirements for certain 6
licenses; amending s. 527.0201, F.S.; requiring 7
qualifier examinations to be completed within a 8
specified timeframe; providing eligibility criteria 9
for certain qualifier certification; prohibiting a 10
person from acting as a qualifier for more than one 11
location where certain liquefied petroleum gas 12
activities are performed; providing requirements for 13
qualifiers; prohibiting a person from acting as a 14
master qualifier for more than one licensee; providing 15
a condition under which the Department of Agriculture 16
and Consumer Services may deny, refuse to renew, 17
suspend, or revoke a qualifier or master qualifier 18
registration; amending s. 527.055, F.S.; authorizing 19
the department to condemn unsafe equipment and issue 20
certain orders requiring the immediate removal of 21
liquefied petroleum gas from certain storage; amending 22
s. 527.0605, F.S.; revising the applicability of 23
specified provisions for bulk storage locations; 24
amending s. 527.067, F.S.; requiring persons 25
CS/HB 815 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
servicing, testing, repairing, maintaining, or 26
installing liquefied petroleum gas equipment and 27
systems to include specified information on all work 28
orders, invoices, and similar documents; amending s. 29
527.07, F.S.; prohibiting unauthorized persons from 30
adding liquefied petroleum gas to or removing 31
liquefied petroleum gas from certain containers and 32
receptacles; requiring the department to adopt 33
specified rules; amending s. 527.11, F.S.; revising 34
minimum bulk storage req uirements for liquefied 35
petroleum gas licenses; removing an exemption from 36
such requirements; prohibiting dealers from entering 37
into certain agreements; providing an effective date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. Subsections (19) and (20) are added to section 42
527.01, Florida Statutes, to read: 43
527.01 Definitions. —As used in this chapter: 44
(19) "Licensed location" means the premises on which 45
category I, category II, category III, category IV, category V, 46
or category VI liquefied petroleum gas operations are performed, 47
excluding remote bulk storage. 48
(20) "Remote bulk storage" means the location of liquefied 49
petroleum gas stored for the sole purpose of filling delivery 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicles used in delivery to an end user . 51
Section 2. Subsections (3), (4), and (5) of section 52
527.02, Florida Statutes, are renumbered as subsections (4), 53
(5), and (6), respectively, paragraph (d) is added to present 54
subsection (3), and a new subsection (3) is added to that 55
section, to read: 56
527.02 License; penalty; fees. — 57
(3) Each remote bulk storage location of a category I 58
liquefied petroleum gas dealer must comply with the category I 59
liquefied petroleum gas dealer licensing requirements under 60
subsection (2). 61
(4)(3) 62
(d) A category I liquefied petroleum gas dealer license 63
shall include one licensed location and may include up to two 64
remote bulk storage locations. Remote bulk storage locations 65
must be located within a 75 -mile radius of the licensed location 66
and included in the category I liquefied petroleum gas dealer 67
license application. 68
Section 3. Subsections (2), (4), (5), and (7) of section 69
527.0201, Florida Statutes, are amended to read: 70
527.0201 Qualifiers; master qualifiers; examinations. — 71
(2) Application for examination for competency may be made 72
by an individual or by an owner, a partner, or any person 73
employed by the license applicant. The examination for 74
competency must be completed within 90 days after the 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
application has been accepted by the department. Upon successful 76
completion of the competency examination, the department shall 77
register the examinee. 78
(a) Qualifier registration automatically expires if the 79
individual terminates active employment in the area of 80
examination for a period exceeding 24 months, or fails to 81
provide documentation of continuing education. If the qualifier 82
registration has expired, the individual must apply for and 83
successfully complete an examination by the department in order 84
to reestablish qualifier status. 85
(b) Every business organization in license category I, 86
category II, or category V shall employ at all times a full -time 87
qualifier who has successfully completed an examination in the 88
corresponding category of the license held by the business 89
organization. In order to apply for certification as a category 90
I or category V qualifier, each applicant must have a minimum of 91
1 year of verifiable LP gas experience. A person may not act as 92
a qualifier for more than one licensed location where liquefied 93
petroleum gas activities described in s. 527.01(6), (7), or (10) 94
are performed. 95
(4) A qualifier for a business must actually function in a 96
position with authority to monitor and enforce safety provisions 97
under this chapter at the licensed location supervisory capacity 98
of other company employees performing licensed activities . A 99
separate qualifier shall be required for every 10 such employees 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
performing liquefied petroleum gas activities . 101
(5) In addition to all other licensing requirements, each 102
category I and categ ory V licensee must, at the time of 103
application for licensure, identify to the department one master 104
qualifier who is a full -time employee of the licensee at the 105
licensed location. This person shall be a manager, owner, or 106
otherwise primarily responsible f or overseeing the operations of 107
the licensed location and must provide documentation to the 108
department as provided by rule. A person may not act as a master 109
qualifier for more than one license. The master qualifier 110
requirement shall be in addition to the r equirements of 111
subsection (1). 112
(a) In order to apply for certification as a master 113
qualifier, each applicant must have a minimum of 3 years of 114
verifiable LP gas experience or hold a professional 115
certification by an LP gas manufacturer as adopted by depar tment 116
rule immediately preceding submission of the application, must 117
be employed by a licensed category I or category V licensee or 118
an applicant for such license, and must pass a master qualifier 119
competency examination administered by the department or its 120
agent. Master qualifier examinations shall be based on Florida's 121
laws, rules, and adopted codes governing liquefied petroleum gas 122
safety, general industry safety standards, and administrative 123
procedures. The applicant must successfully pass the examinatio n 124
with a grade of 70 percent or above. Each applicant for master 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
qualifier registration must submit to the department a 126
nonrefundable $30 examination fee before the examination. 127
(b) Upon successful completion of the master qualifier 128
examination, the depa rtment shall issue the examinee a master 129
qualifier registration. A master qualifier may transfer from one 130
licenseholder to another upon becoming employed by the company 131
and providing a written request to the department. 132
(c) A master qualifier registratio n expires 3 years after 133
the date of issuance and may be renewed by submission to the 134
department of documentation of completion of at least 16 hours 135
of approved continuing education courses during the 3 -year 136
period; proof of employment; and a $30 certificat e renewal fee. 137
The department shall define by rule approved courses of 138
continuing education. 139
(7) The department may deny, refuse to renew, suspend, or 140
revoke any qualifier or master qualifier registration for any of 141
the following causes: 142
(a) Violation of any provision of this chapter or any rule 143
or order of the department; 144
(b) Falsification of records relating to the qualifier or 145
master qualifier registration; or 146
(c) Failure to meet any of the renewal requirements ; or 147
(d) Demonstration of a lack o f trustworthiness to engage 148
in activities requiring a qualifier identification card as 149
defined by department rule pursuant to s. 527.02(5) . 150
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Section 4. Subsection (5) is added to section 527.055, 151
Florida Statutes, to read: 152
527.055 General powers and d uties.— 153
(5) The department shall have the powers and authority to 154
condemn unsafe equipment and issue an immediate final order 155
requiring the immediate removal of liquefied petroleum gas from 156
storage that does not comply with this chapter and is deemed a 157
threat to the public health, safety, and welfare. 158
Section 5. Paragraph (b) of subsection (1) of section 159
527.0605, Florida Statutes, is amended to read: 160
527.0605 Liquefied petroleum gas bulk storage locations; 161
jurisdiction.— 162
(1) The provisions of thi s chapter apply to liquefied 163
petroleum gas bulk storage locations when: 164
(b) The aggregate container capacity of the bulk storage 165
location is more than 4,000 gallons or more; or 166
Section 6. Subsections (2) and (3) of section 527.067, 167
Florida Statutes, are renumbered as subsections (3) and (4), 168
respectively, and a new subsection (2) is added to that section 169
to read: 170
527.067 Responsibilities of persons engaged in servicing 171
liquefied petroleum gas equipment and systems and consumers, end 172
users, or owners of liquefied petroleum gas equipment or 173
systems.— 174
(2) All persons engaged in the business of servicing, 175
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testing, repairing, maintaining, or installing liquefied 176
petroleum gas equipment and systems shall include on all work 177
orders, invoices, or similar d ocuments the name of the person 178
performing the work and the applicable qualifier number. 179
Section 7. Section 527.07, Florida Statutes, is amended to 180
read: 181
527.07 Restriction on use of containers. — 182
(1) A person, other than the owner and those authori zed by 183
the owner, may not sell, fill, refill, remove gas from, deliver, 184
permit to be delivered, or use in any manner any liquefied 185
petroleum gas container or receptacle for any gas or compound, 186
or for any other purpose. 187
(2) A person, other than those aut horized by the end user, 188
may not add gas to or remove gas from any container or 189
receptacle that contains liquefied petroleum gas purchased or 190
contracted for transfer by, and in the lawful possession of, the 191
end user. The department shall adopt rules to pro vide exceptions 192
for emergencies. 193
Section 8. Subsections (1) and (2) of section 527.11, 194
Florida Statutes, are amended to read: 195
527.11 Minimum storage. — 196
(1) Every person who engages in the distribution of 197
liquefied petroleum gas for resale to domesti c, commercial, or 198
industrial consumers as a prerequisite to obtaining a liquefied 199
petroleum gas license shall install, own, or lease a bulk 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
storage with an aggregate capacity filling plant of not less 201
than 18,000 gallons (water capacity) within the state and shall 202
be located within a 75 -mile radius of the licensed company's 203
business location. The This bulk storage filling plant must have 204
loading and unloading provisions solely for the licenseholder 205
and be operated and maintained in compliance with this chapter 206
for the duration of the license. 207
(2) A dealer in liquefied petroleum gas licensed as of 208
August 31, 2000, who has entered or who enters into a written 209
agreement with a wholesaler that the whol esaler will provide 210
liquefied petroleum gas to the dealer for a period of 12 211
continuous months is exempt from the requirements of subsection 212
(1), if the wholesaler has at least 18,000 gallons (water 213
capacity) of bulk storage within this state permanently 214
connected for storage, which is used as such for each dealer to 215
whom gas is sold, and if the wholesaler has loading and 216
unloading provisions. Such dealer must provide certification of 217
this agreement on a form provided by the department to the 218
department before her or his license may be issued. The form 219
must be signed by both the wholesaler or his or her agent and 220
the dealer or his or her agent and must be submitted annually 221
with the license renewal application. A dealer who does not 222
provide written proof of minimum storage may have her or his 223
license denied, suspended, or revoked. A dealer or wholesaler 224
may not enter into written agreements that allocate an amount of 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
storage that exceeds the dealer's or wholesaler's total storage 226
capacity minus 18,000 gallons (water capacity). 227
Section 9. This act shall take effect July 1, 2024. 228